National Association of Professional Process Servers

National Association of Professional Process Servers


NAPPS POLICY MANUAL

Policy No. 1 - MEMBERSHIP

A.  Screening.  The names of all applicants shall be published to the membership.  If no objection is received within thirty (30) days after publication, the applicant is deemed accepted.

B.  Objections.  If an objection is received within thirty (30) days, the application will be held in abeyance until the applicant submits a written reply to the objection or appears in person at a board meeting to answer personally.

If no written reply or waiver of right to reply is received, the application shall be considered rejected and applicant’s dues refunded.

C. If a member is convicted of a felony, or has their authority to serve process revoked by any authority, the member must notify the administrator within 14 days. In either instance the Board of Directors shall take whatever action they deem appropriate. Failure to notify the administrator, the Board may take appropriate action.

D.  Retired/Inactive Members.  Any member, who has been a member in good standing for an uninterrupted period of at least five (5) years and has retired or become inactive in the field of process serving, shall be eligible to apply to the board of directors for a Retired/Inactive class of membership.  The board shall approve or disapprove the member’s request.

Annual dues will be set for this class of membership by the Board of Directors at any regularly scheduled board meeting.

This class of membership will entitle the member to receive a subscription to The Docket Sheet, have their name, address and telephone number printed in the membership directory (if requested), and receive a copy of the membership directory.

The retired/inactive class of membership will have no voting rights.  In the event a member in this class returns to an active role in the profession, they will be required to become a full member.

E.  Honorary Member.  The Board of Directors at their discretion may designate any person an Honorary Member. Honorary members will be exempt from annual dues and will have no voting rights.

This class of membership will entitle the member to receive a subscription to The Docket Sheet and to have only their name printed in the membership directory.

The Board of Directors at their discretion will have the power to delete any Honorary Member designation previously conferred.

F.         Resignation of Membership.  A member that resigns their membership shall be required to submit a new membership application and go through the screening process outlined in Policy 1(A) and 1(B) if membership is sought at any time after the resignation.

 

Policy No. 2 - DUES

A.  Any applicant or member who because of hardship is unable to pay dues in full, may, in writing, request the Board to grant a reduction or delay in payment. The Board may take whatever action it deems appropriate in each case including waiving the entire dues and application fee.

Policy No. 3 – BOARD MEETING LODGING

Lodging expenses shall be paid for by NAPPS for members of the Board of Directors. A member of the Board of Directors whose expenses to attend board meetings are paid in whole or in part by NAPPS, whether pursuant to contract or for any other reason, shall not be entitled to receive additional funds under this provision.

Policy No. 4 - OFFICERS & DIRECTORS

The Secretary shall cause the Administrator’s Office to record all motions made, who made the motion and results of the vote at all Board Meetings. The Secretary shall verify the record, making any adjustments deemed necessary, and disseminate to the Board of Directors for approval at the next regularly scheduled meeting of the Board of Directors.

A.  Responsibility to Uphold Standards of Confidentiality
Members elected to the Board of Directors as an officer and/or director are vested with professional responsibilities in addition to those enumerated in the NAPPS Code of Ethics for members. The Board engages in deliberations of many matters having serious effects on the Association and individual members, and the Association can be significantly damaged by premature disclosure of confidential information. Therefore, each Board member, as well as certain committee members who the Board concludes are privy to such confidential information, must understand and uphold standards of confidentiality. Each Board member, prior to taking the oath of office, and each committee member designated by the Board as being privy to confidential information, prior to accepting committee membership, must agree to the following ethical standards to be contained in a confidentiality agreement, which is to be signed by the Board member and certain committee members.

A-1   Unless first authorized by the Board to do so, a Board member has no power or authority to speak for the Association.

For any matters handled by the Board in Executive Session:
A-1(b) A Board member will not disclose information about the Board’s and/or Association’s activities unless those activities are already known by the membership or have been published to the membership, and first authorized by the Board. This section shall also apply to any member who is not on the Board but is allowed to attend any part of an Executive Session.
A-1(c)  Notice to members of the Board’s decisions should be made in writing and in a manner that allows all affected parties to be informed and before the membership is informed.

B.  Consequences of Violating the Standards of Confidentiality         

B-1      Questions as to whether a Board member has violated the Standards of Confidentiality may be raised by any member of the Board during an Executive Session of any regularly scheduled or specially scheduled Board meeting. The member alleged to have violated the standards of confidentiality shall be provided the opportunity to be present during the meeting. If the member declines to attend the meeting, the Board may conduct the meeting or delay the meeting at its discretion.

B-2      The Board shall, by majority vote, determine what action, if any, should be taken to resolve the matter. The Board may vote to take no action if it is believed no violation of the standards of confidentiality has taken place, or if the Board believes the violation was inadvertent or of a minor nature. The Board may vote to take action including, but not limited to, an informal admonishment by the President, up to and including termination of NAPPS membership.  With the exception of termination of NAPPS membership, all such discipline shall be determined by majority vote of the Board. No termination of NAPPS membership under this Policy shall be effected except by a two-thirds majority vote of the Board.

C.  Conflicts of Interest

Board Members have loyalties to NAPPS, to their individual companies and to other entities, including State Associations. Board Members must stay alert for potential or perceived conflicts between loyalties to those interests and disclose potential conflicts to the board, and proceed with great care when dealing with situations where the conflict may arise. In such cases, the board member should consider abstaining from voting on an issue.

D.  Consequences of Not Reporting Conflicts of Interest

D-1      Questions as to whether a Board member did not promptly report a conflict of interest may be raised by any member of the Board during an Executive Session of any regularly scheduled or specially scheduled Board meeting. The member alleged to have not reported a conflict of interest shall be provided the opportunity to be present during the meeting, and to be represented by a person of the member’s choice. If the member declines to attend the meeting, the Board may conduct the meeting or delay the meeting at its discretion.

D-2      The Board shall, by majority vote, determine what action, if any, should be taken to resolve the matter. The Board may vote to take no action if it is believed no violation of the duty to report conflicts of interest has taken place, or if the Board believes the violation was inadvertent or of a minor nature. The Board may vote to take action including, but not limited to, an informal admonishment by the President, up to and including revocation of NAPPS membership. With the exception of revocation of NAPPS membership, all such discipline shall be determined by majority vote of the Board. No revocation of NAPPS membership under this Policy shall be effected except by a two-thirds majority vote of the Board.

 

Policy No. 5 - GRIEVANCE & ARBITRATION

A.  The President shall appoint a Chairperson to handle all matters involving grievance and arbitration.

B.  Any member who has cause to complain that a member of NAPPS has violated a provision of the Bylaws, Code of Ethics or Policy may submit their complaint to the Chairperson in the manner prescribed in this policy manual.

C.  Complaints regarding nonpayment of bills shall also be handled pursuant to the procedures in this policy manual.

D.  Any former member in good standing at the time of membership termination who has cause to complain that a member of NAPPS has violated a provision of the Bylaws, Code of Ethics or Policy, may submit their complaint to the Chairperson in the manner prescribed in this Policy Manual, but only as a complaint based on facts which occurred while the former member was a member but not more than one year prior to filing of the complaint.

E.  Should the Chairperson be involved in the complaint, the grievance shall be submitted to the President who will serve as, or appoint, a temporary Chairperson for this matter only.

F. Procedure for Filing Non-payment Grievances

      F-1   The complaining member (hereafter  referred to as “Complainant”) after taking reasonable steps to collect a debt which is now 90 days delinquent, shall send a completed Notice of Intent to File Complaint to the nonpaying member (hereafter referred to as “Respondent”) by regular mail and/or electronic means with a copy to the Chairperson

      F-2   If payment is not made or the options listed on the Notice of Intent to File Complaint form are not exercised within fourteen (14) days of the date of sending the Notice of Intent to File Complaint, the Complainant may file a complaint by submitting the following documents to the Chairperson: 1) the Nonpayment Complaint form signed by the Complainant, 2) a copy of the Notice of Intent to file Complaint previously sent to the Respondent, 3) the Request for Service or communication requesting service, 4) a copy of all invoices to be paid, and 5) any other supporting documentation of the reasonable steps to collect the debt.

      F-3   All forms pertaining to Grievance & Arbitration are required to be completed as directed and shall be on a form prescribed by the Board and shall be available in the membership directory, on the website or by contacting the Chairperson.

G.  Procedure For Filing Unethical or Unprofessional Conduct Grievances:

    G-1   Any member who has cause to complain that a member of NAPPS has violated a provision of the Bylaws, Code of Ethics or Policy may submit an Unethical Complaint form to the Chairperson with a written statement containing the sufficient particulars of the grievance along with all required forms and supporting documentation. The NAPPS Administrative Office and Grievance & Arbitration Committee may also submit complaints for unethical conduct and shall be considered a "member" for the purpose of this Policy.

      G-2   If the issues raised are unique in nature, as determined by the chairperson, the matter shall be submitted directly to the Board. Otherwise, the grievance procedure shall continue as outlined in Section H of this Policy Manual.

     G-3   If complainant has filed a similar grievance with a chartered state association at or near the same time as that filed with NAPPS, NAPPS shall hold such grievance in abeyance until notified that the chartered state association has resolved the complaint.

   G-4   There shall only be one Grievance open at any given time between the same NAPPS members, unless allowed by the Chairperson.

H.  Procedure For All Grievances After Submission to Chairperson

    H-1   The Chairperson shall give written notice to the Respondent of the Grievance and the date the reply, counterclaim or crossclaim is due by sending a copy of the grievance to the Respondent by first class mail and any additional means the Chair deems appropriate. The Respondent must reply in writing, together with all required forms and supporting documentation to the Chairperson.  The reply must be received within fourteen (14) days from the date of the Chairperson’s letter containing the complaint, or within such additional time as the Chairperson, in his/her discretion may grant for good cause shown.  Any complaint received on the basis of a proof of service or non-service that has been confirmed as such but not received by the Complainant, shall adhere to a reduced deadline of seven (7) days from the date of the Chairperson's letter. If no reply is received, Respondent is then in violation of Policy 5, Section M and the matter shall then be submitted to the Board of Directors.

      H-2   The Chairperson shall send a copy of the reply to the Complainant.

      H-3   Upon receipt of the Respondent's reply, the complainant shall offer a rebuttal to the Chairperson.

      H-4   The Chairperson shall send a copy of the rebuttal to the Respondent.

     H-5   Upon receipt of the Complainant’s rebuttal, the Respondent may offer a surrebuttal to the Chairperson.

    H-6   The rebuttal or surrebuttal must be received by the Chairperson with fourteen (14) days from the date of the Chairperson’s letter or seven (7) days if the complaint pertains to a proof of service or non-service.

I. Arbitration

   I-1    After all procedures have been followed or the timelines for rebuttal and surrebuttal have lapsed as prescribed in Policy 5, Section H, the Chairperson shall submit the matter to a panel of three (3) members selected by the Chairperson and referred to as the Panel Review Committee, whose names shall remain confidential. All parties shall be notified of the pending review by any means deemed appropriate by the Chairperson.

    I-2 (a)   The Chairperson shall provide each member of the panel with a copy of all documents.

    I-2 (b)   The panel shall make a decision on this written record within fourteen (14) days of the Chairperson sending the file [or within seven (7) days of the Chairperson sending a file pertaining to a proof of service or non-service]. The panel shall have the right, in its sole discretion, to request the Chairperson attempt to obtain additional materials, clarification or supplemental information. Such questions, requests for materials or supplemental information shall remain confidential to the party to which they are directed. The party must respond within seven (7) days of the Chairperson sending the request.

   I-2 (c)    The panel shall render a confidential majority written decision or recommendation on the merits of the dispute and a separate majority written decision on proposed sanctions, if any, and send the written decision(s) together with any dissents to the chairperson.

    I-3 (a)   In a decision calling for a monetary award, the Chairperson shall advise the responsible party and payment must be received by the Chairperson within fourteen (14) days from the date of the written notice or no later than a specific date stated in the notice. Noncompliance of the Panel Review Committee's recommendation may result in further disciplinary action.

   I-3 (b)   A recommendation calling for non-monetary sanction(s) shall be brought before the Board of Directors by the Chairperson for review and final decision.

   I-3 (c)   A recommendation calling for both a monetary award and non-monetary sanction(s) shall be brought before the Board of Directors by the Chairperson. Payment from the responsible party shall be furnished as described in Policy 5, Section I-3(a) to be held awaiting the outcome of the cote of the Board of Directors.

     I-4  Any member affected by the decision of the Panel Review Committee may request an appeal to the Board of Directors for review within seven (7) days of notification of the decision from the Chairperson. The review shall take place at the next scheduled Board Meeting or Annual Meeting.  

J.   Retention of Complaints:

      J-1    All matters submitted to the Arbitration & Grievance Committee shall remain confidential unless specified otherwise or voted to become a public matter by the Board of Directors.

      J-2    Once a matter has been resolved or disposed of, the Chairperson shall forward the file to the Administrator for retention.

    J-3    The Chairperson shall retain, for a period of three (3) years, a listing and disposition of each matter submitted to the Arbitration & Grievance Committee and released to the Administrator periodically as requested or agreed.

K.  Consistent Pattern of Complaints:

      K-1   Where a number of complaints filed against a member, or a number of Notice of Intent to File Complaint forms have been received against a member, indicate a persistent pattern of nonpayment or unethical/unprofessional conduct, the Chairperson shall notify such member, in writing, that a continuance of similar complaints received by the Committee may result in reprimand, suspension, or expulsion. 

   K-2   Where a number of complaints submitted by a member indicate a persistent pattern of filing nonpayment or unethical/unprofessional conduct complaints which are frivolous or without real substance, the administrator shall notify such member, in writing, and that such continued action by the member may result in disciplinary action by the Board. 

      K-3   If, after notification by the Chairperson, the persistent pattern of nonpayment or unprofessional or unethical conduct by a member continues or the member persists in filing complaints which are frivolous or without real substance, the Chairperson may initiate a grievance which shall follow procedures as outlined in Policy 5, Section H. The Board, at its discretion, will determine what constitutes a persistent pattern and may take whatever disciplinary action it deems appropriate.  The Board will notify the Chairperson and the Chairperson will in turn notify the member, in writing, of the action taken.

L.  If membership is revoked, the ex-member shall not be eligible to re-apply for membership for a period of two (2) years from the date of final disposition of revocation. If ex-member re-applies for membership and membership is denied, applicant shall not be eligible to reapply for a period of one (1) year  from the date of the Board’s decision to deny membership.
L-1 Upon reapplying, the application shall be presented to the Board for approval prior to membership screening.
L-2 Applicants should include a cover letter indicating what has changed in their practices or circumstances that would help the Board assess the application. Applicants can also appear in person before the Board to support their application. 

M. Failure to comply with the bylaws of this Association, or the procedures as outlined in this policy manual, or the rulings and decisions of the Arbitration panel or Board, shall constitute sufficient grounds for suspension, expulsion, or any sanction the Board deems appropriate, after the Board of Directors has made an independent determination on the sufficiency of the complaint that initiated the grievance procedure. With the exception of revocation of NAPPS membership, all such discipline shall be determined by majority vote of the Board. No revocation of NAPPS membership under the policy shall be done except by a two-thirds majority vote of the Board.

N.  The purpose of this Policy is to ensure that every member is treated fairly and justly. To this end, the Board shall have the authority, by majority vote, to take any action necessary to carry out the purpose of the Policy, including but not limited to, the granting of extensions of time and reconsideration of actions taken.

O.  All decisions of the Board are final and binding. However, this does not preclude a request for reconsideration for matters involving public membership notification (including but not limited to revocation, suspension or public reprimands) and must be based upon facts unknown to the Board at the time of its decision. A request for reconsideration must be received by the Chairperson within seven (7) days of the Chairperson sending notification of the outcome of the decision of the Board of Directors.

Policy No. 6 – MacDONALD AWARD

  1. The selection committee shall consist of all individual past recipients of the award and the current President of NAPPS.
  2. The Chairperson of the committee shall be a past recipient of the award.
  3. The committee shall meet each year at the date and location of the first meeting of the NAPPS Board of Directors held after January 1st of each year.
  4. Members of the committee may participate in the meeting by remote access.
  5. Any person or organization that has made a significant contribution to the process serving profession is eligible to receive the award.  A person may receive the Award more than once.
  6. Current or past membership in NAPPS is not a requirement to be eligible to receive the award.
  7. The committee may create new rules or procedures and amend the current rules and procedures of the committee at any meeting of the committee by a majority vote.  The first order of business for the committee at each meeting will be to consider any additions or changes to the rules. All rule changes adopted by the committee must be approved by the board of directors before they take effect.
  8. All members of the committee and all past presidents of NAPPS who are current members of NAPPS will be invited to submit names of candidates for consideration by the committee to the chairperson of the committee.
  9. The Chairperson shall send a request for names of candidates for the award to all members of the committee and all Past Presidents of NAPPS at least thirty days prior to the scheduled date of the meeting. 
  10. The chairperson shall present a list of all candidates for the award to the members of the committee at the meeting.
  11. All discussions and votes of the committee shall be confidential.
  12. The committee will not announce or publish the names of candidates for the award.
  13. All votes for the semi-finalists, finalists, and the recipient shall be by closed ballots.  Any member attending the meeting by remote access will vote by text message or a telephone call to the Chairperson.
  14. The committee shall discuss and consider all candidates for the award.  Each member of the committee will then vote for up to four candidates.  The four candidates receiving the most votes will be the semi-finalists for the award.  In the event of a tie vote for the fourth semi-finalist all persons tied for fourth place will be considered to be semi-finalists.
  15. The committee shall discuss and consider all of the semi-finalists.  Each member of the committee will then vote for up to two of the semi-finalists.  The two semi-finalists receiving the most votes will be the finalists.  In the event of a tie vote for the second finalist there will be a vote by the committee of those semi-finalists that are tied to determine the second finalist.
  16. The committee shall discuss and consider the two finalists.  Each member of the committee will then vote for one of the two finalists or for "No Award".  The finalist receiving the majority of the votes cast will be the recipient of the award. If no finalist or "No Award"  received  a majority vote there will be a vote of the two finalists or "No Award" who received the most votes.
  17. In the event of a tie vote between the two finalists or one finalist and one "No Award" the committee will further discuss the two highest votes and then vote again.  In the event that no finalist receives a majority vote after three ballots there will be no award given for that year.
  18. The chairperson shall make every effort to ensure that the Recipient and their family are available for the presentation of the award.
  19. The chairperson shall make sure that a pin is available for the recipient of the award and that the award is prepared to show the name of the recipient.
  20. The chairperson shall prepare the remarks about the recipient.
  21. The chairperson shall announce the recipient of the award (if there is one) at the annual conference awards banquet. 
  22. The chairperson shall present the award and the pin to the recipient.  If the chairperson thinks it is appropriate this duty may be delegated to a person designated by the chairperson. 
  23. The final order of business for the committee at each meeting will be to select the next person to be the chairperson of the committee for the following year.

 

Policy No. 7 – RECORDS REQUESTS

A.        Purpose - the purpose of this Policy is to set forth a standardized procedure by which members may obtain records from NAPPS in a manner that is cost effective for the requesting member and does not place an unreasonable burden on the Administrative Office.

B.        Background   
a.     NAPPS records are the property of the Association, not any one particular member.

b.     NAPPS is incorporated in Arizona.  Arizona law governs what records a member may inspect and copy, the notice required, and the restrictions an association may place on the member’s requests.  Arizona Statutes 10-11601 and 10-11602 are applicable.

c.     The Board believes that members acting in good faith and in a manner that does not unduly waste Association resources should be provided copies of most NAPPS records.

d.    A requesting member may not be required to travel to the NAPPS Administrative Office to inspect and copy records. While Arizona law does not require that records be forwarded to a requesting member, such a procedure will be the most practical method for both the requesting member and the Administrative staff.

e.     Arizona statutes provide for reasonable fees to be charged to a requesting member.  In general, such fees will not be assessed, except in those cases where the records sought are in large quantities, on a repeated basis, or require manual reproduction.

f.     Committees handling confidential matters would not be able to do an impartial job and hold frank discussions if everything said in private could be made public through a records request.

  1. Any records provided to a member are for the review and inspection of that member.  No member may republish, reprint, post on a website, or otherwise disseminate NAPPS’s records to any third party without written permission from the Board.  The records belong to the association as a whole, not to any individual member.  Violation of this section may constitute unprofessional conduct that will result in disciplinary action by the Board.

     

  2. The Records listed in Arizona Statute 10-11601, Section E shall be made available to any member who has been a member for at least six months who requests them. 

     

  3. Other records as listed in Arizona Statutes 10-11601 and 10-11602 shall be made available to any member who has been a member for at least six months if the below criteria are met:
    1. The member’s request must be made in good faith and for a proper purpose.
    2. The member describes the purpose, and details the records being requested.
    3. The records requested are directly connected to the member’s purpose.

       

  4. Any other records not listed under Sections D and E:
    1. Requests for records other than those referenced in paragraphs D and E above will be evaluated on a case by case basis.
    2. Records of A&G deliberations, Executive Session minutes and MacDonald Award records will not be provided. 
    3. Records that involve the personal affairs of a member or matters that the Board deems confidential will not be released.  Notices and decisions in an A&G matter will be disseminated to the complainant and respondent in accordance with the A&G policies.
    4. Arizona Statute 10-11602 lists “Accounting Records” as a category of records that may be disclosed if the requirements listed in paragraph E above are met.  Accounting Records are hereby defined as the IRS Form 990 categories, with a level of detail that includes committees and categories of expenses for each committee.  Source documentation, including, but not limited to, individual expenses, copies of receipts, and copies of checks, will generally not be released.

       

  5. Proper Purpose - Subject to oversight by the Board, the Records Request Committee has the responsibility to determine if the purposes stated by the requesting member are proper.  A member’s request must be balanced against the Records Request Committee’s and the Board’s responsibility to act in the best interests of all members.

     

  6. Where records are available on the NAPPS website, the member is directed to www.napps.org

     

  7. Procedure for requesting records:
    1. Submit a request to the Records Request Committee chair containing the following:

      i.  An itemized list of the dates and records being requested

      ii.  With the exception of the records from Section D, state the purpose(s) for which the requested records will be used.

    2. Requests may be submitted by email or letter.  Responses will be made in the same manner as that in which the request was submitted.
    3. The Records Request Committee will verify the request, asking for additional information if required and will set a compliance date taking into consideration the extent of the request.  In no case will the compliance date be longer than 30 days from the date the request is approved.  If the request is approved, the committee will direct the Administrative office to comply with the request by the compliance date.
    4. A member who disagrees with the decision of the Records Request Committee may, within fourteen (14) days of notice of the decision, appeal the Committee’s decision in writing to the Board.  Any such appeal shall be heard by the Board in a timely manner.

 

Policy No. 8 – INVESTMENTS

The National Association of Professional Process Servers (NAPPS) Investments shall be managed as follows.

1.  An Investment Committee consisting of the NAPPS Treasurer, a member appointed by the President of NAPPS, and the NAPPS Administrator will oversee investments.  While the goal would be unanimity, decisions can be made by a majority vote of the committee.

2.  The goal of the Investment Committee shall be to seek growth of principle and insure diversification and liquidity to meet short, medium, and long range goals of the association.  Although withdrawals are expected to be infrequent, the portfolio must offer sufficient liquidity to meet the potential cash need of the Association

3.     Investment strategy, risk, and performance will be reviewed and evaluated by the Committee on a regular basis.  Portfolio returns and performance shall be reported to the Board of Directors regularly by the Committee.

4.  All assets identified as investment assets on NAPPS financial records are covered by this policy.

5.  Acceptable investments shall be defines as follows:

Equity — Securities

A. Securities listed and traded on the New York Stock Exchange, the American Stock Exchange, the NASDAQ (National Association of Securities Automated Dealer Quote) system and other securities that have immediate marketability are acceptable investments.

B. Mutual funds, Exchange Traded Funds, fixed income funds and managed funds may be used provided that their investment assets are reasonably consistent with the quality provisions of this section.

Equity — Convertible securities

Convertible securities represent an appropriate medium for the equity portfolio. The quality rating of convertible bonds must be investment grade, at the time of purchase, as rated by Standard and Poor’s or Baa or better, as rated by Moody’s.

6.  Prohibited investments and activities

A. The organization desires to invest in companies whose business conduct is consistent with the Association’s goals and beliefs. Management will use its best efforts to avoid direct investment in the securities of companies with significant involvement in business plans adverse to NAPPS strategic planning.                      

B. The following investment activities are specifically prohibited.

            1. Buying or selling on margin account.
            2. Investment in closely held corporations.
            3. Use of speculative strategies including futures swaps, interest rate swaps, options, commodities or futures contracts, loaning of securities, and pledging or collateralization of securities.

 

Policy 9 - CHARTERED STATE ASSOCIATIONS

Purpose of Policy
The purpose of this policy is the establishment of a procedure for the submission and evaluation of applications for NAPPS Chartered State Association designation, benefits and responsibilities resulting from such designation, and provisions for maintaining and for termination of a Chartered State Association designation.

  1. State Association Committee Chairperson

    The Chairperson of the State Association Committee appointed by the President, or in lieu thereof, the NAPPS Administrator, shall be responsible for all matters related to the review and recommendation to the Board of Directors of applications submitted by a state association for the designation of “NAPPS Chartered State Association.”  In the evaluation of any application, the Chairperson may designate and appoint a subcommittee to assist in such evaluation

  2. Standards and requirements for Chartered State Associations

    The Board of Directors has determined that the essential standards and requirements for a state process server association to be designated a NAPPS Chartered State Association are as follows:    

    1.    That the state association is lawfully organized as a non-profit entity under the laws of the state wherein it is situated.
    2.    That the state association has applied for, received and continues to maintain an Internal Revenue Code section 501(c)(6) tax-exempt designation from the Internal Revenue Service.
    3.    That the state association articles of formation clearly state that the purpose(s) of the association include, but is/are not necessarily limited to, such purpose(s) consistent with those of NAPPS.
    4.    That the state association be in active operation for a minimum of two (2) years immediately preceding the submission of its application for chartered state designation.
    5. That the association offers or sponsors some form of process server education for the benefit of process servers within its state.
    6. That membership in the association is offered to and consists of persons engaged in the business of process service within its state, and that its current membership is broadly representative of the process server profession within that state.
    7.    That the association holds regularly scheduled meetings of its board of director and annual membership meetings.
    8.    That the state association is fiscally sound and that the association funds are secured by a fidelity bond.
    9.    That the officers and directors of the association are periodically elected.
    10.    That the association periodically communicates to its members through printed or electronic means.

  3. State Associations Eligible for Consideration 

    Any state association established for the benefit of process servers within a state that does not already have a NAPPS Chartered State Association shall be eligible for consideration for approval by the Board of Directors.

  4. Procedure for Submission of Application for Chartered State Designation 

    Any association that seeks to have its application for chartered state association designation to be considered by the Board of Directors for approval must submit in writing to the Chairperson of the State Association Committee, or in lieu thereof, the NAPPS Administrator, the following:

    1. Application for Chartered State Association Designation in a form prescribed by the NAPPS Administrative Office.
    2. Copy of documents supporting the requirements set forth in this policy.
    3. Such other documents that the state association deems advisable in support of its application for chartered state designation.

  5. Effect of Designation of Chartered State Association

    An association that has been designated a Chartered State Association by the Board of Directors shall be entitled to:

    a. Exclusive recognition by NAPPS as a Chartered State Association within its state.
    b. Free listing/link on the NAPPS web site and listing in the NAPPS Membership Directory.
    c. Annual per capita financial remuneration for NAPPS members within state in an amount determined by the NAPPS Board of Directors.
    d. Access, upon appropriate application, to the NAPPS legislative fund.
    e. Free display table for state association use at the Annual Conference.
    f. Free exhibitor table for Chartered State Association (if there is one) in the state where Annual Conference is held (does not include registration fees).
    g. Advertising reciprocity (to publish special meetings and conferences).
    h. Recognition at every Annual Conference.
    i. Such other benefit that the NAPPS Board of Directors may deem appropriate.

  6. Chartered State Association Continuing Responsibilities to NAPPS
    1. Continued compliance with NAPPS Standards for Chartered State Associations
    2. Attendance by at least one state association member at the Annual Conference and presentation of a report to the members assembled on the association’s activities in the preceding year, and projected activities for the ensuing year.
    3. Free Link to NAPPS web site.
    4. Free exhibitor table at state association’s annual meeting or conference.
    5. Advertising reciprocity (to publish special meetings and conferences).
    6. Acknowledge and make available NAPPS membership applications at annual meetings and conferences.
    7. Provide the NAPPS President or designated representative admission to the state association’s annual conference.
    8. Provide the chairperson of the NAPPS State Associations Committee copies of filed Form 990 tax returns annually.
    9. Other responsibilities designated from time to time by the NAPPS Board of Directors.

  7. State Association Not an Agency of NAPPS

    The granting of the designation of Chartered State Association to any state process server association does not create an agency relationship between that association and the National Association of Professional Process Servers.  All state associations are, and shall remain autonomous entities organized under the laws of their respective states, and are controlled by their members pursuant to their articles of formation and bylaws, and by the policies and decisions made by their respective board of directors.

  8. Approval, Disapproval or Rescission Chartered State Association Designation

    The Board of Directors shall have the sole discretion of approving or disapproving any application submitted for its consideration for Chartered State Association Designation or any other action the Board deems appropriate, up to and including  rescission of such designation for failure to continue complying with the terms of this policy.

  9. Prohibitions Upon Rescission of Chartered State Association Designation.

    Upon rescission of a Chartered State Association designation, the state association shall immediately cease from advertising, or in any other manner indicate, that it is a NAPPS Chartered State Association.  If the association fails or refuses to comply with this provision, this association may seek injunctive relief, or other remedies at law or equity, in an appropriate court.  Any such continued act by a member of the board of directors of the state association who is also a NAPPS member may result in disciplinary action under the grievance and arbitration policy of this association.     

  10. Chartered State Associations

The following state process server associations have been designated NAPPS Chartered State Associations:

  1. Arizona Process Servers Association (ASPA) www.arizonaprocessservers.org
  2. California Association of Legal Support Providers (CALSPro) www.calspro.org              
  3. Florida Association of Professional Process Servers (FAPPS) www.fapps.org   
  4.  New Jersey Professional Process Servers Association (NJPPSA) www.njppsa.org
  5. New York State Professional Process Servers Association (NYSPPSA) www.nysppsa.org             
  6. Oregon Association of Process Servers, Inc. (OAPS) www.oapsonline.com
  7. Texas Process Servers Association (TPSA)   www.texasprocess.org
  8. Washington State Process Servers Association (WSPSA) www.wspsa.com
  9. Tennessee Association of Professional Process Servers (TAPPS)  www.tntapps.org
  10. Process Servers Association of Colorado (PSACO) www.psaco.org
  11. Georgia Association of Professional Process Servers (GAPPS) www.gappsprocess.com
  12. Illinois Association of Professional Process Servers (ILAPPS) www.ilapps.com
  13. Mid Atlantic Association of Professional Process Servers (MAAPPS) www.maapps.org


Policy No. 10 -BRANCH OFFICE LISTINGS

A branch office is any listing that is in addition to the member’s primary listing.

When applying for a branch office listing in which the member lists an address in a state other than their primary listing, the member shall submit the completed branch office application, together with the required fee and proof the entity has been registered to do business in the state in which the branch office is located if required.

Each member shall only publish with the Association addresses where the member is able to receive mail from the U.S. Post Office. No listing shall have verbiage that redirects mail to another location.

The member listing a branch office is responsible for the lawful, financial, professional and ethical conduct of that firm or business, and its employees.

Franchises shall not be considered branch offices under this Policy.

Policy No. 11 – LEGISLATION FUND

When the Board of Directors of NAPPS is considering a request for funds from the Legislation Fund the following subjects will be considered.

1.  How significant is the pending legislation or rule change (hereafter “change”) to the private process serving industry in the affected state?  Will it dramatically increase or decrease the revenues billed for service of process by private process servers in the state?  A change with minor effect will not be given great weight.

2.  What is the capacity of the process servers in the state to fund the effort without assistance from NAPPS?  A state with a large number of private process servers should be able to fund their own activity.  If there is a state association are their dues at a reasonable level to fund their efforts? 

3.  How many times and how much total funding has the state received from the NAPPS Legislation Fund.  A state that has received assistance several times will be less favorably considered.  Any state with ongoing battles should develop a plan to fund their own efforts.  This fund should not be looked upon by the states as a way to fund their efforts on an ongoing basis.

4.  Is the change strongly supported by most process servers in the state or is there significant disagreement by process serves about the change?  While the NAPPS Board does not want to make judgments that are best made by the process servers in the state, it does not want to fund efforts where a serious controversy exists among the process servers in that state.

5.  Is the funding request for reasonable and necessary expense?  While the NAPPS Board does not want to tell the requestors how to fight their battles, it has an obligation to those who contribute to the fund to not grant money to be used in questionable ways.  If a proposed use of funds does not seem prudent, the Board will be less inclined to fund it. 

6.  Whenever possible a request should be made before the money has been spent.  This will avoid the problems of seeking funds to cover an obligation that the Board may not be inclined to pay.  It is better for the requestor to know in advance if the Legislative Fund will be assisting since they may want to change their plans if NAPPS rejects the request or grants less funds than requested for.

Procedure for Disbursement:
7.   Who may request funds?
 A. In any state or province that has been granted a charter from NAPPS only the chartered state association may apply for funds.  If a request is received from anyone other than the chartered association in a state where a charter has been granted it will be referred to the chartered association.
 B. In states or provinces where no charter has been granted by NAPPS, any individual or group may apply for funds.

8.   Form of Request
 A.  All requests shall be submitted in writing to the NAPPS administrator, and shall be on the Request Form adopted by the Board of Directors.  The request shall have all questions answered and shall have attached all documents requested.
B.  The written request shall be signed by the president or senior officer of the Association or other entity requesting the funds.
C.  Upon receipt, the NAPPS administrator shall review the request to ensure it is in compliance with this policy.  After determining the request conforms to this Policy, the administrator shall schedule a hearing for the request for the next Board meeting, either scheduled or specially set.

9.   Limits and Approval by the Board
 A.  Up to ten percent (10%) of the available Legislative funds may be approved for a State, province, or group each year by a majority vote of the total Board of Directors.
B.  An Additional ten percent (10%) of the available Legislative funds may be approved by two thirds (2/3) of the total Board of Directors.

10.   Use of Funds
 A. Funds disbursed pursuant to this Policy shall be used only for the purpose requested.  Funds disbursed to the requesting party which have not been used for the purpose for which they were requested shall be returned to NAPPS through the NAPPS administrator.
B. A financial report shall be provided to the NAPPS administrator. Said report shall specifically list all expenses paid with funds dispersed under this policy.  Said financial report shall include copies of all invoices paid and copies of all checks used to pay said invoices. The report shall also be signed by the president or senior officer of the association or other entity receiving the funds. The financial report shall be submitted prior to April 1 each year. Any unused Legislative Funds must be returned to NAPPS with their financial report prior to April 1 each year.

Policy No. 12 –NOMINATIONS AND ELECTIONS

1. Nominations shall be held only at the time published to the membership. When nominations are closed they shall not be reopened.

2. A nominee who is not present can only be placed into nomination if a written statement stating their desire to be nominated for that office,

3. A person nominated to be an officer, but not elected to that office shall be nominated for director.

4. No person may be nominated for more than one office.

5. Elections shall be held at the time published to the membership.

6. All members present shall be entitled to vote. Proxy voting will not be permitted.

7. The results of the elections shall only indicate who is the elected member. In the event of a tie, a runoff shall be held. No vote totals shall be announced.

8. All ballots shall be destroyed after the election.

9. All officers and directors shall take office when they take the oath of office at the appropriate time.

10. Upon taking the oath of office, the officers and directors shall sign a confidentiality agreement approved by the board.

Policy No. 13 –NAPPS JOB POST

1. The Job Post feature on the NAPPS website is for the sole use of NAPPS members. 

2. Members shall not forward or otherwise disseminate a Job Post that is received to any person or entity outside of their own firm or agency. Doing so may result in disciplinary action.


 

Amended 02/22/98
Amended 10/03/98
Amended 11/10/01
Amended 02/12/05
Amended 11/04/06
Amended 08/15/09
Amended 11/21/09
Amended 11/06/10
Amended 08/06/11
Amended 11/05/11
Amended 04/17/12
Amended 07/21/12
Amended 11/17/12
Amended 02/02/13
Amended 08/03/13
Amended 11/09/13
Amended 02/08/14
Amended 11/07/15
Amended 02/17/16
Amended 11/05/16
Amended 02/11/17
Amended 08/12/17
Amended 02/17/18
Amended 01/26/19
Amended 08/10/19
Amended 10/26/19
Amended 01/25/20
Amended 02/25/20
Amended 10/30/21
Amended 12/17/21